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(영문) 서울중앙지방법원 2017.04.20 2016고합1140
배임수재
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

except that from the date of this judgment.

Reasons

Punishment of the crime

[criminal history] Defendant B was sentenced to five years of imprisonment with prison labor for a violation of the Act on the Protection of Defense at the Seoul Western District Court on February 3, 2015, and the judgment became final and conclusive around January 2016.

[2] Defendant A was the representative director of the O-listed corporation participating in the tender of NHousing Reconstruction Improvement Project, which was publicly announced by the N-Housing Reconstruction Project Association around November 11, 2009, and was the general team leader in charge of overall affairs while having the right to personnel management at the construction site and the right to select a subcontractor, and thus, Defendant A had the duty to select a qualified company through fair procedures.

Defendant

B is a person who operates a removal company of P.

1. The defendant A around 19:00 on December 11, 2009, at a coffee shop near a family located in Jung-gu Seoul, Jung-gu, Seoul, 393, the defendant used 60-7 billion won in watering to B.

Flagbl, pulbl, pulbl, flag.

If we are selected as a contractor, it will be possible to perform removal works and construction costs.

We are frying one boat.

“At the same time,” and “B demanded the Defendant to lend funds necessary for the free competition, and at the same time, the Defendant subsequently requested the Defendant to select one’s own company as the removal company and made an illegal solicitation.

A. The Defendant received KRW 300 million in cash from B within the Defendant’s passenger car parked in front of the office located in Q in Junggu in Seoul, Seoul, on December 14, 2009, without an agreement on the interest and the due date for payment, and paid KRW 300 million in principal around March 2010. According to the evidence adopted and examined by this court, it is recognized that the Defendant returned KRW 300 million to B around March 2010, and there is no other evidence to prove that the Defendant paid KRW 300 million in principal.

Therefore, the above KRW 300 million was first borrowed.

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